Due Process for the Unknown Future Claim in Bankruptcy - Is this Notice Really Necessary?

Abstract

This Article looks at how the definition of "claim" creates due process concerns for those who are not yet harmed by prepetition conduct of the debtor, or whose harm is not ascertainable, and who are therefore unable to receive individual notice of the bankruptcy case. I suggest that adequate notice required by the Due Process Clause can be provided to these claimants by giving actual notice to a future claims representative appointed to act as their guardian ad litem because they are legally incompetent to represent themselves in the bankruptcy case.